An appeal by the State against an acquittal in a narcotics case. The High Court held that the prosecution failed to link seizure samples with the lab report due to missing chain of custody evidence and settled seals, dismissing the appeal and upholding the acquittal.
Appeal dismissed; bail bonds discharged.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
IN THE HIGH COURT OF HIMACHAL PRADESH SHIMLA.
Cr. Appeal No. 241 of 1998
Date of Decision : July 12, 2010
State of H.P.
…Appellant.
Versus:
Krishan Gopal …Respondent-accused.
Coram :
The Hon’ble Mr.Justice Deepak Gupta, Judge . The Hon’ble Mr.Justice Sanjay Karol, Judge .
Whether approved for reporting?1 No
For the appellant: Mr. Rajesh Mandhotra, Dy. A.G. For the respondent : Mr. Ajay Sharma, Advocate
Deepak Gupta, J. (Oral).
This appeal by the State is directed against the judgment dated 3.3.1998 delivered by the learned Sessions Judge, Una, in Sessions Trial No. 3 of 1998, whereby he acquitted the accused of having committed offences punishable under Sections 18 & 20 of the Narcotic Drugs and Psychotropic Substances Act (hereinafter referred to as the Act’).
1 Whether reporters of Local Papers may be allowed to see the judgment? Yes
2
Hoshiar Singh and PW-3 Constable Vijay Kumar to village Basdehra. At about 2.45 p.m. he received secret information that the accused is engaged in the sale of contraband at his shop/vend at Mehatpur. This information was reduced into writing vide memo Ext.PE and sent to the Police Station, Una for registration of the case. This information was also sent to the Superintendent of Police, Una vide memo Ext.PD. Two independent persons Kewal Krishan (PW-1) and Karam Chand (not examined) were associated with the investigation. The raiding party reached the shop of the accused and after giving introduction the search of the shop/vend of the accused was conducted. Two packets Ext.P-1 & Ext.P-2 were recovered in the lower portion of the counter. The contents of those packets were weighed and one packet Ext.P-1 was found to contain charas weighing 1 kg. whereas 360 gms. of opium was recovered from the second packet. Two samples of 25 gms. each were drawn from each of the bulk packet of opium and charas. Thereafter, six packets i.e. two samples of opium, two samples of charas, one bulk packet of charas and one bulk packet of opium were sealed with seal bearing ‘HS’ and taken into possession vide memo Ext.PA. Thereafter, the Investigating Officer (PW-8) completed other codal formalities on the spot. Case property was deposited with the MHC Police Station, Una and thereafter one sample each of the two contraband items was sent to Chemical Laboratory, Neemuch. Report Ext.PK was
3
received from the Laboratory. The Chemical Analyst found that one sample was of charas and one of opium. On the basis of this material the accused was challaned and charged with having committed the aforesaid offences. The accused was acquitted after trial. Hence, the present appeal.
4
been produced. The Malkhana register has also not been produced.
5
seals on the samples tallied with the facsimile of the seals forwarded. PW-9 has not spoken a word that he carried any seal impression. Similarly PW-7 does not say that he sent any seal impression. In fact PW-8, the Investigating Officer has not stated anything about taking any seal impression either on a cloth or on any piece of paper. Therefore, where did this seal impression materialise from?
( Deepak Gupta ) Judge.
( Sanjay Karol ),
July 12, 2010. (rana)
3 issues framed by the court
Whether the prosecution successfully linked the seized samples with the chemical analysis report despite gaps in chain of custody.
Whether non-compliance with Section 55 of the NDPS Act regarding seal impressions was fatal to the prosecution case.
Whether glaring lacunas in depositing case property and missing link evidence warrant acquittal of narcissotics accused.
2 provisions across 1 enactments
State of H.P.
Krishan Gopal
Deepak Gupta
Sanjay Karol
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
